Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40935 of 2018 Applicant :- Chandra Bhushan And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Prem Prakash Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Prem Prakash, learned counsel for the applicants and the learned AGA for the State.
This application for bail has been filed by the applicants- Chandra Bhushan and Rabi seeking their enlargement on bail in Case Crime No. 197 of 2018 under Section 326A I.P.C., P.S.- Kotwali Dehat, District-Mirzapur during the pendency of the trial.
Learned counsel for the applicant submits that an unfortunate incident is alleged to have occurred on 09.06.2018 at the house of the first informant in which the present applicants are alleged to have assaulted the son of the first informant by pouring acid on the face of the victim. On account of the aforesaid, the victim, i.e., the son of the first informant received 20% acid burn injuries. The first information report in respect of the aforesaid incident was lodged on 10.06.2018 by the father of the victim, which came to be registered as Case Crime No. 0197 of 2018 under Section 326A I.P.C., P.S.-Kotwali Dehat, District-Mirzapur.
In the aforesaid F.I.R., only two persons, namely, Chandra Bhushan and Rabi, i.e., the applicants herein were nominated as named accused. Upon completion of the statutory investigation of the aforesaid case crime number in terms of Chapter XII Cr.P.C., the Police has submitted a charge sheet dated 04.08.2018. Upon submission of the charge-sheet, cognizance of the aforesaid charge-sheet was taken by the court concerned by a cognizance taking order. What happened subsequent to the cognizance taking order has not been disclosed in the affidavit accompanying the present bail application.
Learned counsel for the applicants submits that the occurrence took place in the night and there was no source of light. On the basis thereof, he submits that the applicants could have been identified by the victim. On the aforesaid factual premise, it is urged that the applicants, who are in jail since 13.06.2018 have and no criminal antecedent to their credit except the present one are liable to be enlarged on bail.
Per contra, the learned AGA has opposed the prayer for bail. He submits that the present applicants are named in the first information report and they have been assigned specific role of pouring acid on the face of the victim. On account of the acid attack, the victim has received 20% acid burn injuries. The case is triable by the Court of Sessions. It is thus urged that no case for bail is made out. The bail application of the applicants is liable to be rejected.
Having heard the learned counsel for the applicant and learned A.G.A. for the State and upon consideration of evidence on record as well as the complicity of the applicant but without expressing any opinion on merits of the case, I do not find any good ground to allow the present application. Consequently, the bail application of the application is hereby rejected.
However, at this stage, it is expected from the learned trial court to gear up the trial and make necessary endeavour to conclude the same within one year provided the applicants would render all necessary co-operation in early conclusion of the trial.
Office is directed to communicate the copy of this order forthwith to concerned court for necessary compliance.
Order Date :- 27.10.2018 YK